Bray v. City of Chicago

Main issue on appeal was whether entities that held valid public way use permits for vault space underneath a public sidewalk had a duty of care to a pedestrian who was injured when she tripped and fell on an uneven portion of the sidewalk. The appellate court found that the scope of duty was governed by the terms of the permit, which created a contractual obligation on behalf of the permit holder to comply with the Municipal Code and to maintain the sidewalk above the vault. The appellate court reversed the trial court orders to the contrary and remanded for further proceedings, including the determination of whether the parties breached their duty of care. (FITZGERALD SMITH and COBBS, concurring)